The National Commission for Markets and Competition has decided to withdraw the last penalty regime file that it opened against Isdin because the company has created a new commitment on its discounts that is much more transparent and less discriminatory, which it will try to implement in the coming years. with the aim of improving its communication policy when recommending prices.
The body chaired by Cani Fernández has approved the conventional termination of the file initiated for anti-competitive conduct that could undermine the correct application of the Competition Law. Therefore, the CNMC has linked itself to the commitments that the offender has offered voluntarily, causing the end of the disciplinary procedure before any fine was awarded.
This procedure began due to complaints from an operator dedicated to the distribution and marketing of parapharmacy and body care products. Specifically, a possible infringement of the LDC was investigated, which consisted of setting resale prices through the online channel that the company owns for certain products related to skin care.
The new commitments
With respect to the interests of Isdin, the company has requested that the conventional procedure be terminated, to this end, it has presented a series of commitments that try to resolve the competition problems reported, thanks to the implementation of measures aimed at avoiding the fixation of the sale prices. In addition, the particular damages that their conduct imposed on the rest of the affected companies will be compensated.
For the CNMC, these commitments imply the implementation of a more objective, transparent and non-discriminatory system with discounts. This will avoid linking these discounts to the determined policies on prices by retailers. In addition, Isdin is committed to improving its recommended price communication policy for all its distributors, trying to promote its internal culture of complying with competition regulations.
From Isdin, an early warning system will be established in the event of possible infringements and training actions on competition for its staff. Finally, it will ensure that the staff of your commercial department does not have access to certain information related to the sale prices of pharmacies.
Specifically, they will implement actions with the aim of preventing economic intelligence tools from being used to monitor resale prices. Said commitments will have a term of validity of three years, which considers that these aspects will adequately solve the competition problems detected and will monitor their compliance during said period.